Apple’s use of digital rights management (DRM) to control the use of downloads from iTunes is illegal, the Norway’s Consumer Ombudsman has ruled. The blow follows the news that consumer groups in Germany and France are joining Norway’s action against Apple.

“It doesn’t get any clearer than this. Fairplay is an illegal lock-in technology whose main purpose is to lock the consumers to the total package provided by Apple by blocking interoperability,” according to Torgeir Waterhouse, senior advisor at the Consumer Council. “For all practical purposes, this means that iTunes Music Store is trying to kill off one the most important building blocks in a well functioning digital society, interoperability, in order to boost its own profits.”

“iTunes Music Store must remove its illegal lock-in technology or appear in court,” he added. “As of right now we’re heading for a big breakthrough that will hopefully pave the way for consumers everywhere to regain control of music they legally purchase.”

“The Ombudsman has confirmed our claim that the DRM must be considered part of the contract terms and not a copy protection scheme only,” said Waterhouse. “This means that under the Norwegian Marketing Control Act the DRM must provide balanced and fair rights to the consumer when they purchase music form iTunes Music Store and similar download services.”

“Apple is aware of the concerns we’ve heard from several agencies in Europe and we’re looking forward to resolving these issues as quickly as possible,‚Äù Apple spokesman Tom Neumayr. ‚ÄúApple hopes that European governments will encourage a competitive environment that lets innovation thrive, protects intellectual property and allows consumers to decide which products are successful.‚Äù

Norway’s Consumer Council believes that Apple has only three options:

• it can license Fairplay to any manufacturer that wants iTunes songs to play on its machines;
• it can co-develop an open standard with other companies; or
• it can abandon DRM altogether

An¬†option that the Council doesn’t list is that Apple could stop selling music in Norway.

via Out-Law.com